Volume 6, Issue 21 part 2, Spring 2017, Page 1-312


The role of the civil judge in the reconciliation and its legal effects Juristic and practical study

Emad.Kh.Aldaham; Ahmad.S. Mohammad.Aljbory

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 1-48

Abstract
the reconciliation is most important regulations adopted by several States, mainly Saudi Arabia before referring a case to the courts between two disputing parties, because it reduces in - social terms- hatred and Promoting tolerance to a large extent among disputing parties whatever the type of rivalry was, if it succeeds , it will led to reconciliation among all related parties.
So we stressed in this research the need to find a party of interest on the orders of reconciliation before resorting to the courts in Iraq or in other countries.
on the other hand , there are the burdens become too many and abnormal ills rests with the judiciary due to the continued increase in the number of lawsuits which caused confusion in the work of the judge.
and lack of focus in the study guide and speed make decisions that are set aside most of discrimination in courts, so the procedures of reconciliation have been handled I front of the related judge and the mechanism of activating the reconciliation and offering it to the disputing parties, in spite of Iraqi judiciary has not many reconciliation decisions which caused impediment to support research judicial decisions except in limited conditions which had been brought and referenced detailed in the research , It is no secret that the researchers were resorting to clarify issues and reconciliation proceeding before the Iraqi judiciary with reference to what the corresponding in-law or comparative judicial system trying to push the need to give the subject of reconciliation importance it deserves based on what has been mentioned above justifications, defending of the idea of researchers in the need to establish a corporation to offer reconciliation and organizing and released before resorting to the courts.

The case was stopped by an agreement in the Jordanian Jurisdiction Law, a comparative study with Egyptian law

Shams.A.ALkzaiela

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 49-74

Summary

The suspension of the case is a case of discontinuance of the case as it proceeds from the acquiescence of the litigants and the court. This case is considered to be a case of upholding the principle of the authority of will embodied in the ability of the evrat to come to a temporary halt and not to proceed with the obligation of the court to comply with this will. In order to adjudicate the subject of a sequential judicial action, where the proceedings continue until the dismissal of them on a continuous basis, but the law in line with the considerations of the case gave the right to individuals not to proceed the case temporarily and not allow individuals to walk by a single will where Meeting and required two wills compatibility to re-walk by embodies the principle of the Sultan will on this matter.

Civil responsibility for research and non-therapeutic medical experiments on the human body A comparative study

Zyad.K.Alewiy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 75-119

Abstract

Medical research and experiments for non-theurapic purposes are the use of scientific methods by a doctor or researcher for the sake of discovering new knowledge about the treatment of intractable diseases or how to protect against it. Scholars have not agreed so far upon the legitimacy of conducting such type of research, and have been divided into two main schools of view. The first school of view sees that such a type of scientific research is acceptable on human beings body, while the other school of view does not consider it legitimate. However, the comparative jurisdictions and international conventions have allowed to conduct scientific experiments and researches on the human bodies having considered some limitations.
Regarding the liability arising out of such experiments, the comparative jurisdictions are also divided into two approaches; the first approach has left its regulations to the general rules of tort and contractual liability provisions, whereas the other approach preferred to regulate it in specific provisions based on a civil wrong capable to be denied, or the objective liability rules that based on the damage only. Iraqi legislator does not provide specific rules on this issue despite the mention of “medical experiments” in the doctors discipline rules; however, it provided the same rules for the experiments whether the subject of the experiments where human or animal.

Legal system of corporate acquisition

Omer.N.Yahya

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 120-187

The capability of the stocks of commercial companies in dealing, enables people who want to own the capital proportions of the company funding to control a particular company, whether it be through the public offer for purchasing or buying stocks from outside the stock exchange in the event that the company has not listed shares in the market tables or they have been included and then cancelled , or buying stocks under direct agreement, if the company has not been listed on the market and it at the same time has not offer a portion of its stocks in an initial public offering. Since the acquisition of the companies is consistent with the goals of projects to expand and establish a powerful economic blocs makes it less susceptible to risks that may arise on them, and avoids administrative procedures that require to set up new projects. Therefore companies resort to acquire other standing companies.

Right not to lie by acknowledgment regarding dowry (A comparative study)

Taha.S.ALjboury; Suhaib.A.Salim

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 188-222

Abstract

The woman may, in good faith, acknowledge before the judge that she has taken her dowry and documents it in the marriage contract, while she has not received anything from him. Although the judicial declaration is a conclusive argument, it is not permissible to refer to it. By giving her the right to compose her husband's right not to lie by approving it, the alliance fell its right to the dowry and abstained deserved dowry accelerated.

The essence of national identity and its challenges ( the challenges of the Iraqi national identity as a model)

Ayuob.M.Taeeb

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 223-258

Abstract
The question of national identity has been occupied a very important place in the scientific and intellectual centers, and it became an extremely interesting topic among scholars and thinkers, because this issue has become a very problematic and risky matter for each states, at this point it can be seen as a global problem.Indeed, on the one hand, the concept of identity is one of the concepts that are complex and characterized by vagueness;on the other,it is also characterized by their combinations and their interdependence with many of the concepts and other issues, Therefore, this study tries to explain the essence of identity and with addressing of national identity elements and challenges that face as obstacles to remodel and rebuild national identity. This is through a range of opinions and different ideas of thinkers and scholars in this scientific field within contemporary political thought field. The study also addresses the most significant components and dimensions of identity and the various sources that become the basis for identification’s emergence. The content of this study explain that national identity is a framework that includes and skipping all other loyalties in the state without necessarily lead to erase them.
Thus, Iraq is one of the countries that suffer from it’s national identity rivalry crisis dispersion, because citizens in Iraq, mostly clinging their loyalty to the identities of ethnic and sectarian instead of their loyalty and love for their national identity, due to reasons of intellectual, objective, psychological, religious, internal and external…etc. those challenges facing national identity in Iraq are various and different, and therefore this study focused on the negative implications of the impact of multiculturalism and ethnic diversity and sectarian, and violation of constitutional items, as well as the lack of mutual trust and orientation towards conflict and collision, rather than sticking to tolerant principle and Equality between the political elite in the decision-making of the blocks and political parties centers, in addition to the indirect consequences of foreign intervention in the affairs of the Iraqi state administration.

American policy in the Middle East: institutions and factors affecting it

Ahmad.A.Alanbary

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 259-284

Abstract
American policy in the Middle East: institutions and factors affecting it
Researcher interested in studying US foreign policy toward the Middle East, and the reasons for American interest in the region because of its political and strategic importance, and it is available from oil and gas reserves, and produces large amounts of. To understand this policy research study decision-making in the United States formal and informal institutions, actors and influential interest, especially those related to the Middle East.

Variables that contributed to the return of the Egyptian role to Arabahvi circle under president Hosni Mubarak

Saad.A. Hamid

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 21 part 2, Pages 285-312

Abstract

The Egyptian-Arab relations in the late seventies of the last century were subjected to sharp changes and storm shifts, which shifted them from status to status, from place to place, from role to role, while Egypt, the state and people, took a distinct position at the heart of these Arab relations throughout the 1950s, 1960s and early 1970s, Has been able to emerge from the heart and specifically during the visit of President Mohamed Anwar Sadat to Jerusalem in 1977 and the signing of the peace treaty with Israel (Camp Deif) in 1978, where it reached the marginalization and isolation, which are not appropriate to the Egyptian state because of its location and role in history and geography In the course of our research, we reviewed the various important events that the Arab region witnessed in the 1980s and the beginning of the nineties, which represented, in general, the hoaxes of the Egyptian interest in the restoration of its role in the Arab world according to a research plan that deals first with the Iran-Iraq War 1980. A second study on the Israeli invasion of Lebanon and the Palestinian issue, To study the crisis and the Gulf War another entry to devote this role in the early nineties.